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Concept of an Alternative Circumstance
An alternative circumstance is one which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.
The alternative circumstances
There are three alternative circumstances, to wit: (1) the relationship between the offender and the victim; (2) intoxication of the offender; and (3) the degree of instruction and education of the offender.
The alternative circumstance of relationship shall be taken into consideration when the offended party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony; but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.